Case against Spartanburg State Rep. Mitchell begins Monday

Sunday

Nov 25, 2012 at 1:00 AM

For 10 months, the 17,000 people in House District 31 have had no voice in the General Assembly because Rep. Harold Mitchell has been suspended from office. Legal proceedings against the embattled lawmaker are set to start Monday.

From staff reports

For 10 months, the 17,000 people in House District 31 have had no voice in the General Assembly because Rep. Harold Mitchell has been suspended from office. Legal proceedings against the embattled lawmaker are set to start Monday.The S.C. Department of Revenue (DOR) charged Mitchell in September 2011 with failing to file state income tax returns for 2005 to 2008, claiming that Mitchell tried to avoid paying about $7,250.Mitchell was booked Sept. 13, 2011, into the Spartanburg County Detention Facility on the charges before he was released on bond a few hours later.Last January, a state grand jury handed down four felony indictments of tax evasion and Mitchell was suspended the next day.Mitchell has denied all charges and said the case against him was a politically motivated “witch hunt.”Earlier this year, Mitchell came forward with a report he had prepared by Ascension Forensic of Spartanburg showing that he overpaid his state personal income taxes by about $1,834 during the same period he's accused of evading taxes.In a hearing in October 2011, DOR investigator Matt Wright said Mitchell only reported income from the General Assembly, but not income he received as executive director of ReGenesis, nor campaign contributions for the 2005-2008 tax years. The DOR claims during those tax years, Mitchell failed to file $274,457.30 in total income and reported that his total income for the four years was $49,746.30 in returns filed on April 22, 2009.Mitchell has claimed that cash withdrawals from bank accounts that the DOR claims he used as income were actually used for stipends and other monies in ReGenesis programs.Mitchell's attorney, Bruce Byrholdt, said in Sept. 2011 that the IRS has not indicated it would pursue criminal charges against Mitchell.“At no time has the state Revenue Department contacted us saying Harold owed any money. What started out as a civil matter has become a criminal matter. Harold is looking forward to his day in court,” Byrholdt previously said.

Efforts to reach Byrholdt and Mitchell Wednesday were unsuccessful.Mitchell, 47, has served in the state House of Representatives since 2005.If convicted, Mitchell faces up to 20 years in prison and a maximum fine of $40,000. A special election would be held to fill his vacated seat.